section 23
Removal of names from register
The Bombay Homoeopathic and Biochemical Practitioners Act, 1959Health201448 sections
Statutory text
- (a) If a registered practitioner has been, after due inquiry held by the Board in the manner prescribed by rules, found guilty of any misconduct, the Board may—
- (i) issue a letter of warning addressed to such practitioner, or
- (ii) direct the name of such practitioner—
- (A) to be removed from the register for such period as may be specified in the direction, or
- (B) to be removed from the register permanently. Explanation.—For the purposes of this section, "misconduct" shall mean—
- (i) conviction of the registered practitioner by a criminal court for an offence which involves moral turpitude and which is cognizable within the meaning of the Code of Criminal Procedure, 1898, or
- (ii) conviction under the Army Act, 1950, of the registered practitioner subject to military law for an offence which is cognizable within the meaning of the Code of Criminal Procedure, 1898, or
- (iii) any conduct, which, in the opinion of the Board, is infamous in relation to the profession.
- (b) The Board may, on sufficient cause being shown, direct at any time that the name of the practitioner so removed shall be re-entered in the register on such conditions and on the payment of such fees as may be prescribed by rules and on such further conditions as the Board may impose.
- (2) If the name of any such practitioner is entered in—
- (a) the register maintained under the Bombay Medical Act, 1912 or any corresponding law for the time being in force in any part of the State of Bombay, or
- (b) the register or list maintained under the Bombay Medical Practitioners' Act, 1938, or any such corresponding law, it shall be the duty of the Board to give intimation of such removal to the authority entitled to maintain the said register or the said list.
- (3) If the name of registered practitioner is also entered in the register or the list, as the case may be, maintained under any of the laws referred to in sub-section
- (2) and it is removed from the said register or the said list, the Board shall also remove his name from the register under this Act.
- (4) The Board may, on its own motion or on the application of any person, after due and proper enquiries and after giving an opportunity to the person concerned of being heard, cancel or alter any entry in the register, if, in the opinion of the Board, such entry was fraudulently or incorrectly made.
- (5) In holding inquiries under this section, the Board shall have the same powers as are vested in civil courts under the Code of Civil Procedure, 1908 when trying a suit, in respect of the following matters, namely :—
- (a) enforcing the attendance of any person and examining him on oath;
- (b) compelling the production of documents;
- (c) issuing of commissions for the examination of witnesses.
- (6) All inquiries under this section shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code. (7)
- (a) For the purpose of advising the Board on questions of law arising in any inquiry before it, there may be appointed by the Board an assessor, who has been for not less than ten years—
- (i) an Advocate enrolled under the Indian Bar Councils Act, 1926, or
- (ii) an attorney of a High Court.
- (b) Where an assessor advises the Board on any question of law as to evidence, procedure or any other matter, he shall do so in the presence of every party, or person representing a party, to the inquiry who appears thereat, or if the advice is tendered after the Board has begun to deliberate as to their findings, every such party or person as aforesaid shall be informed what advice the assessor has tendered. Such party or person shall also be informed, if in any case the Board does accept the advice of the assessor on any such question as aforesaid.
- (c) Any assessor may be appointed either generally or for any particular inquiry or class of inquiries and shall be paid such remuneration as may be prescribed by rules.
- (a) For the purpose of advising the Board on questions of law arising in any inquiry before it, there may be appointed by the Board an assessor, who has been for not less than ten years—
- (8) The provisions of sub-sections
- (1) to
- (7) shall mutatis mutandis apply to the list prepared under section 21.
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